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Ohio Attorney General announces agreement with NCAA on temporary restraining order, transfer guidelines

ns_headshot_2024-clearby:Nick Schultz12/15/23

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(Photo by Mitchell Layton/Getty Images)

After a judge granted a temporary restraining order in a lawsuit against the NCAA’s waiver policy, the organization has now agreed to new terms, Ohio Attorney General Dave Yost announced. The terms have been jointly submitted to a federal court for approval.

Under the terms, the NCAA agreed not to retaliate against athletes who play during the two-week TRO, which was granted by a judge in West Virginia earlier this week. In addition, the TRO is now a preliminary injunction, which will last through the end of the spring sports seasons.

The NCAA later released a statement confirming the injunction is in place through the end of the school year, and an athlete would use a season of eligibility of they play.

“Given the unprecedented decision by the courts earlier this week, the NCAA has reached an agreement with the States to convert the temporary restraining order into a preliminary injunction through the remainder of the 2023-24 NCAA championship season, as this is the best outcome for multiple-time transfer student-athletes wishing to compete immediately,” the statement read.

“This action provides clarity for student-athletes and member schools for the remainder of the academic year — any multiple-time transfer student-athlete who competes this season will be subject to the same eligibility and use of a season of competition rules as all other student-athletes.”

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Judge John P. Bailey issued the two-week TRO earlier this week as part of the Ohio v. NCAA lawsuit, and allowed immediate eligibility for athletes who are either waiting on a waiver decision or had theirs denied during that time. It was effective Wednesday, although the NCAA wasn’t ready to say if those athletes would lose a year of eligibility if they participated in game action.

That set a hearing for Dec. 27 on the TRO. As a result of the agreement on Friday, that hearing will be off.

The lawsuit came about after West Virginia guard RaeQuan Battle fought for immediate eligibility after having his waiver denied. Earlier this calendar year, the NCAA announced it was cracking down on its two-time transfer policy, which led to more high-profile waiver denials. Under current rules, athletes can transfer one time with immediate eligibility, but need a waiver if they do so a second time as an undergraduate. Otherwise, those athletes would have to sit out a year.

As part of the court ruling this week, athletes waiting on a decision or who have had their waivers denied are now able to play.